Q: How is Federal time calculated when you have a criminal history? How long can someone be legally detained in a federal

A: Past criminal history is one of two primary factors that determine sentencing ranges for federal convictions. The other major factor has to do with the nature and seriousness of the offense for which the defendant is charged and sentenced. A point score is developed for each category, based on various facts. For the point total on which the past criminal history score is based, each past conviction or disposition for which a guilty finding was made or admitted (e.g., even a non-conviction in some cases like a sentence deferral or PBJ), and for each prison sentence served, there are 1, 2 or 3 points added depending on factors like whether the past crime was a felony, misdemeanor, crime of violence, resulted in prison sentence of 60 days or more, etc. Crimes older than 15 years are generally not counted. The total criminal history score places the defendant into one of six criminal history categories, with category one being the least serious. That category and point total is then matched with the score for the offense on which the defendant is being sentenced, which is another calculation based on factors related to the offense such as whether a felony, misdemeanor, a crime of violence, victim injury, if there was a weapon and type of weapon used, whether committed while on parole or probation, etc. A recommended sentence range is thus generated. After that is determined, then points can be added or subtracted for various reasons based on enhancements (hate-based crime, domestic violence) or mitigating circumstances (acceptance of responsibility, cooperation). Therefore, each defendant's sentencing scores are unique to each defendant and require a lot of detail and analysis before a possible sentence range can be arrived at.

Your question also asks about pretrial detention, which has to do with bail and bond matters. There is no score calculation for release on bond pre-trial, and it is up to the judge. Seriousness of the offense, the defendant's past history, safety of the community, risk posed to the crime victims in the case, the strength of the evidence against the defendant and the likelihood of a jail sentence, the defendant's ties to the community, likelihood of fleeing, etc., are all factors. A defendant can be held pre-trial as long as the Constitutional right to a speedy trial is not violated. That is a moving target, not based on any specific amount of time, and pre-trial detention for more than a year is usually not alone enough to trigger a speedy trial violation except in rare circumstances. The facts in each case would have to be analysed. For instance, pre-trial detention on a misdemeanor for longer than the likely prison sentence would almost certainly trigger a basis for release, while a long detention for a major felony carrying the likelihood of many years in jail, where the evidence is strong or overwhelming, is likely not going to trigger issues unless the defendant can show that their ability to defend the case after so much time will be or has been prejudiced to the point that they cannot receive a fair trial (witnesses, have died or moved beyond the subpoena power of the courts, witness memories no longer reliable, physical evidence degrading or lost, etc.).

PACER is a means to access what has been filed in the court case, including the sentence, but it will not provide anyone with the discovery materials containing the police investigation and witness statements; and pre-sentence reports and investigations, as well as sentencing memoranda filed by the defense and prosecutors, are often under seal and not accessible. However, there should be a sentencing score worksheet filed and a judge ordinarily will reference and run through the score calculations relied upon in the sentencing order.